Going through the trademark registration process can be a difficult process that many intellectual property holders are wary of engaging in. In late December of 2020, Congress passed the Trademark Modernization Act to modernize and simplify the trademark examination procedures while simultaneously combating the ever-increasing number of trademark registrations covering marks not used in commerce.
One of the biggest changes involved in the Trademark Modernization Act is the clarification of the standard for injunctive relief – which restores the presumption of irreparable harm (even in jurisdictions which have dismissed it).
What is the Trademark Modernization Act?
The Trademark Modernization Act was passed in a bipartisan fashion with two main factors impacting trademark litigation. The first major change is that trademark holders now have an expedited mechanism to address fraudulent or ‘deadwood’ registrations that block or impact their own registrations. Second, this federal legislation clarifies the Circuit splits pertaining to the presumption of irreparable harm in trademark infringement cases, with the overall effect of reducing the evidentiary burden on trademark owners for receiving injunctive relief. Many of these changes have long been advocated for by intellectual property experts who were seeking to streamline an often overly complicated trademark process.
Trademark attorney can assist with the process
With these new changes, trademark holders should consider consulting with a trademark law attorney to protect their rights and ensure that their trademarks are properly protected.